BARR v. BATTISTE

Full title: Vincent L. Barr, Plaintiff, v. John Battiste; Major Joseph Shaw, Defendants

Court: United States District Court, D. South Carolina, Charleston Division

Date published: Sep 18, 2006

C/A No. 2:06-2209-CMC-RSC (D.S.C. Sep. 18, 2006)

Opinion

C/A No. 2:06-2209-CMC-RSC.

September 18, 2006

OPINION and ORDER

CAMERON CURRIE, District Judge

This matter is before the court on Plaintiff's pro se complaint. Plaintiff is a pretrial detainee currently housed in the Williamsburg County Detention Center. Plaintiff complains of certain conditions of his confinement and certain alleged acts by Defendant Shaw.

In accordance with 28 U.S.C. § 636(b) and Local Civil Rule 73.02(B)(2)(d), DSC, this matter was referred to United States Magistrate Judge Robert S. Carr for pre-trial proceedings and a Report and Recommendation. On August 30, 2006, the Magistrate Judge issued a Report recommending that the complaint be dismissed without prejudice and without issuance and service of process as to Defendant Shaw, and that Plaintiff's other allegations be dismissed except those related to his medical claims. The Magistrate Judge advised Plaintiff of the procedures and requirements for filing objections to the Report and Recommendation and the serious consequences if he failed to do so. Plaintiff filed objections on September 6, 2006.

The Magistrate Judge makes only a recommendation to this court. The recommendation has no presumptive weight, and the responsibility to make a final determination remains with the court. See Mathews v. Weber, 423 U.S. 261 (1976). The court is charged with making a de novo determination of any portion of the Report and Recommendation of the Magistrate Judge to which a specific objection is made. The court may accept, reject, or modify, in whole or in part, the recommendation made by the Magistrate Judge or recommit the matter to the Magistrate Judge with instructions. See 28 U.S.C. § 636(b).

After reviewing the record of this matter, the applicable law, the Report and Recommendation of the Magistrate Judge, and Plaintiff's objections, the court agrees with the conclusions of the Magistrate Judge. Accordingly, the court adopts and incorporates the Report and Recommendation by reference in this Order. Plaintiff's complaint is hereby dismissed as to Defendant Shaw. Plaintiff's other allegations, except those relating to the alleged failure to receive medication and alleged failure to treat an alleged skin disorder, are hereby dismissed.

This matter is recommitted to the Magistrate Judge for further pretrial proceedings.

IT IS SO ORDERED.